The purpose of this district is to provide for a variety of retail,
commercial, residential, institutional, and mixed uses within the
Village of Berwyn and its immediately contiguous areas, as depicted
on the Zoning Map,[1] consistent with the maintenance, preservation and enhancement
of the traditional Village of Berwyn atmosphere. It is recognized
that the purpose of this district is to serve the needs of the Easttown
community, while at the same time preserving and enhancing the unique
qualities of the district. Specific objectives of the district include
the following:

Employ design principles that preserve and enhance existing desirable
architectural and streetscape elements that are typical of Berwyn,
and ensure that new construction and redevelopment projects are compatible
with the surrounding community.

Because there is a diversity of land uses, including commercial,
office, institutional, and residential, and a variety of building
types at different sizes and densities, the Village of Berwyn District
is divided into three separate zoning districts as follows: the Village
Business District (VB), the Village Transition District (VT), and
the Village Residential District (VR).

Uses by right in the Village Business District (VB). The following uses shall be permitted by right in the Village Business District (VB), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:

Conditional uses in the Village Business District (VB). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable condition that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Accessory uses in the Village Business District (VB). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:

Uses by right in the Village Transition District (VT). The following uses shall be permitted by right in the Village Transition District (VT), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:

Conditional uses in the Village Transition District (VT). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Special exception uses in the Village Transition District (VT). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Accessory uses in the Village Transition District (VT). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:

Uses by right in the Village Residential District (VR). The following uses shall be permitted by right in the Village Residential District (VR), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Conditional uses in the Village Residential District (VR). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Special exception uses in the Village Residential District (VR). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:

Accessory uses in the Village Residential District (VR). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:

The build-to line shall be either the street right-of-way line or
a dimension measured from the curbline/cartway as listed for specified
streets in each district below, whichever is further from the curbline/cartway:

A building may be set back from the build-to line by a distance of five feet to 15 feet for the purposes of a village garden, plaza, square, courtyard, recessed entrance, or outdoor dining area consistent with the streetscape standards in Chapter 274, Natural Resources Protection, Article XII.

In the VB District, there is no required minimum side yard setback.
However, if a new or expanded structure is not built up to the side
lot line, the new or expanded portion of the building must be set
back a minimum of 10 feet from the side lot line.

Townhouse dwellings and two-family dwellings (twin or duplex):
no minimum side yard setback. However, if the building is not built
up to the side lot line, it must be set back a minimum of 10 feet
from the side lot line.

Building height. The minimum and maximum building height shall be
as listed in the following Building Height Table. The maximum building
height shall not exceed the measure in stories or in feet, whichever
is lower.

Building Height Table

Village Business (VB District)

Village Transition (VT District)

Village Residential (VR District)

North of Lancaster Avenue

South of Lancaster Avenue

Minimum height

2 stories

2 stories

—

—

Street wall height (maximum)

3 stories

(42 feet)

3 stories

(42 feet)

35 feet

35 feet

Total height (maximum)

4 stories

(55 feet)

3 stories

(42 feet)

35 feet

35 feet

Fourth-story stepback (minimum)

10 feet, or no stepback if fourth story is built within roof
architecture*

—

—

—

*

NOTE: If fourth story is built within roof architecture,
then roof pitch shall not exceed a slope of 14:12.

Each building, structure, or use constructed, established, erected, enlarged, modified or altered in the VB, VT and VR Districts shall provide and satisfactorily maintain off-street parking spaces in accordance with the requirements of this article, Article VIII (General Regulations), and Article X (Off-Street Parking and Loading). The parking regulations and design standards in this district shall supplement the regulations and design standards in Article X, and in the case the provisions of this article conflict with the provisions of Article X, the provisions of this article shall apply.

Common parking lots. Two or more existing or proposed uses located
on separate lots in the VB, VT and VR Districts may provide for required
parking in a common parking lot if conditional use approval is granted
by the Supervisors and if all of the following requirements are met
(See Figure 5-1[1]):

If each lot has adequate parking, but combining the parking areas would yield added parking benefiting the uses, then parking may be combined on the lots, subject to compliance with this Subsection A(1).

The owners of all lots involved join in a written application for land development in compliance with Chapter 400, Subdivision and Land Development, and agree in writing by execution of a land development agreement on an approved Township form to be fully bound to develop common parking to serve all of the lots.

The preliminary sketch and final land development plans shall show a traffic circulation and parking plan meeting the minimum requirements of this chapter and Chapter 400, Subdivision and Land Development.

A written agreement assuring the retention of parking spaces
for such common parking lots shall be properly drawn and executed
by the parties concerned and approved as to form and execution by
the Township Solicitor as a part of conditional use approval. Such
conditional use approval shall be rescinded by the Township and additional
parking shall be obtained by the owner to meet the required standard
in the following cases:

Off-site parking lots. Required parking spaces may be accommodated
in off-site parking areas within the VB, VT and VR Districts, provided
the following requirements are met and if conditional use approval
is granted by the Supervisors (See Figure 5-2[2]):

The owner of a use or structure shall submit an application
that includes a site plan and agreement showing joint use, agreement,
maintenance responsibility, and location of the off-street parking
area.

A written agreement assuring the retention of parking spaces
for such off-site parking shall be properly drawn and executed by
the parties concerned and approved as to form and execution by the
Township Solicitor as a part of conditional use approval. Such conditional
use approval shall be rescinded by the Township and additional parking
shall be obtained by the owner to meet the required standard in the
following cases:

Shared parking lots. Required parking spaces may be accommodated
by shared parking lots within the VB, VT and VR Districts, provided
the following requirements are met and if conditional use approval
is granted by the Supervisors (See Figure 5-3[3]):

Up to 50% of the required parking spaces for a theater, restaurant,
or other use of primarily evening entertainment may be provided and
used jointly by banks, offices, retail stores, service establishments,
places of worship, and other similar uses which are not normally open,
used, or operated during evening hours (beyond typical business hours
of 8:00 a.m. to 5:00 p.m.), and on Saturday and Sunday.

As stated above, sharing of parking must be approved by a conditional
use. In granting the conditional use, the Board of Supervisors shall
consider, among other criteria, the hours of operation of the uses
that are sharing required parking spaces and the number of spaces
involved.

A written agreement assuring the retention of parking spaces
for such sharing of required parking shall be properly drawn and executed
by the parties concerned and approved as to form and execution by
the Township Solicitor as a part of conditional use approval. Such
conditional use approval shall be rescinded by the Township and additional
parking shall be obtained by the owner to meet the required standard
in the following cases:

On-street and public parking credit. Required parking spaces may
be accommodated by on-street parking within the VB, VT and VR Districts,
provided the following requirements are met and if conditional use
approval is granted by the Supervisors (See Figure 5-4[4]):

On-street parking may be counted towards meeting a maximum of
20% of off-street parking requirements, provided the spaces can be
accessed without patrons crossing arterial or collector streets, and
are located within 50 feet of the primary building in which the use
is located.

Spaces available in public parking lots may be counted towards
meeting a maximum of 20% of off-street parking requirements, provided
the spaces can be accessed by patrons where safe crossing of arterial
or collector streets is available, and are located within 250 feet
of the building entrance in which the use is located.

Removal of curb cut(s). (See Figure 5-5[5]). In the following cases within the VB, VT and VR Districts,
the removal of a curb cut by a business or property owner to either
increase the number of parking spaces or increase the open space,
aesthetics, or access to a parking lot shall be permitted by conditional
use, in accordance with the following:

Where an existing parking lot has more than one access and the
applicant(s) can prove that removal of a curb cut(s) will improve
the condition of the street from which it is removed and will not
cause significant traffic issues at the remaining access point(s)
as determined by the Township Engineer.

Where two or more adjacent businesses can feasibly interconnect
their existing or proposed parking lot(s), the number of curb cuts
may be reduced and the total number of required spaces for the associated
uses may be reduced by up to 20% per parking lot connection.

Parking shall be permitted on public or private streets within
the VB, VT and VR Districts for the implicit use of providing parking
for the solicitation of businesses within the VB, VT and VR Districts,
unless specifically prohibited by the Township police. The Township
reserves the right to restrict on-street parking at locations where
parking may be hazardous, impede sight distances, block fire hydrants,
or for other substantive measures by placing signs, or other appropriate
measures.

Required parking spaces for individual businesses shall not be double counted by more than one business use, unless specifically stated in an executed agreement approved by conditional use under Subsection A above.

Access drives or streets that cross the lot line along a public
right-of-way shall be limited to two in number along the frontage
of each right-of-way, and their center lines shall be placed at least
40 feet apart. On all corner properties, such accesses shall be spaced
a minimum of 30 feet, measured at the curbline, between the center
line of any such access and the right-of-way line parallel thereto.
The separation distance shall not apply to single-family detached,
semidetached and two-family residential lots in a development.

Notwithstanding the provisions of Subsection B(5)(a) above, for a traffic aisle or other vehicular accessway leading to an off-street parking facility with less than 20 spaces in the VB, VT or VR District from any street other than Lancaster Avenue, the minimum width for a one-way or two-way accessway may be reduced to 12 feet.

Minimum number of required off-street parking spaces. All owners and developers shall provide for each land use, at a minimum, sufficient off-street parking spaces to conform to Article X, § 455-74G, H, and I. The Board of Supervisors may grant by conditional use a reduction in the number of off-street parking spaces provided, if an applicant can quantitatively demonstrate that the proposed use can be adequately served with fewer off-street parking spaces than would be required in Article X, § 455-74H and I. Factors unique to the subject application shall be considered and analyzed and may include, but not be limited to, proximity to one or more types of public transit; use of shared parking or similar strategies; and unique land use characteristics specific to the subject application that result in measurably less reliance on automobile use.

Screening and buffering. Screening and buffering regulations shall be in accordance with Article X of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter.